Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108 -- Execution - Third party objections - Evidence required to decide the same - Executing Court thus, justified in holding objections at the instance of third party to be maintainable at this stage not in the sense that a decree cannot be executed against them but in the sense..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Trust property - Suit property was acquired by State Government as per objectors - However, no evidence on record to substantiate such fact - Moreover, plea of acquisition taken first time during execution proceedings - Even otherwise, properties of religious purposes having construction..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 101, 103 -- Execution - Third party objections - Proceedings in Execution continuing during the pendency of third party objections - Till the decision of third party objections, no final order shall be passed in the execution case...........
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 102 -- Execution - Objection by transferee pendente lite - Application U.O.21.R.97 CPC not maintainable at the instance of third party being a transferee pendente lite in view of O.21.R.102 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - U.O.21.R.97 CPC, it is only DH who is entitled to make an application in case where he is offered resistance or obstruction by any person...........
Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Execution - Appellant never dispossessed from the property in question and till date possession of same rests with him - Appellant not entitled to make an application U.O.21.R.99 raising objections in execution proceedings since he has never been dispossessed as required U.21.R.99 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 97, 99, 101 -- Execution - Third party objections - Maintainable even when an application for impleadment by such third party was earlier rejected...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - Objections by third party - Executing Court is not obliged to determine a question merely because resistor or objector has raised it - Question which executing Court is obliged to determine U.O.21.R.101 CPC must possess two adjuncts: (a) such question should have legally arisen between parties..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Compromise decree for specific performance - Objections - Agreement to sell indicates that vendees were already knowing of fact that suit land had been acquired - Even notification for acquisition of land issued prior to execution of agreement to sell - On passing of award, taking over possession of..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Objections - Person including a stranger could maintain a petition U.O.21.R.97 CPC and get adjudication when he was to be dispossessed by Decree Holder...........
